A number of states, including Minnesota, give their residents coverage which supplements the benefits provided in the federal Family and Medical Leave Act of 1993 (FMLA). Although the federal and state laws generally focus on the same issues, they do not necessarily function as a unit. For example, a term (such as "serious health condition") used in both the FMLA and a state rule may have different meanings. If you have any questions regarding terminology, a lawyer should be able to clarify your concerns.
Minnesota has broadened the scope of employers covered by family and medical leave laws. Your employer is covered if it falls within the FMLA's employer guidelines or if it either:
You may receive unpaid leave to take care of matters related to a birth, adoption; or sick child. Minnesota's provision regarding employees¿ amount of leave time is similar to the federal law. Minnesota laws regulating leave time include the following information:
Under Minnesota law, your employer may adopt reasonable policies governing the timing of requests for unpaid birth or adoption leave. Other state rules relating to leave requests are comparable to the standards set in the FMLA.
If you have taken birth or adoption leave, you are entitled to return to your former position or to a position of comparable duties, hours, and pay. Furthermore, regardless of the type of leave you have taken, if you are returning to work after taking leave for longer than one month, you are required to notify your employer at least two weeks in advance.
A labor and employment lawyer can discuss with you the differences between federal and Minnesota laws pertaining to family and medical leave. If you feel that you have been mistreated by your employer, an attorney can also help you determine possible courses of action.
Last Modified: 01-18-2017 11:21 PM PSTLaw Library Disclaimer
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